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Section 61 CCA executed/unexecuted agreements


thewar_man
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Sorry if I'm covering ground already trod. There is so much info on this amazing site I tend to go bleary eyed trying to find answers to specific questions. Hey ho here we go!!

 

When does an agreement as per S61 become executed? For example I have an agreement that was signed on the 7th of a month in front of the dealer who I assume is an agent as its a car makers finance company and its a proper dealership but the terms on the back specifically state the dealer is not an agent. Forgive me for now but I digress and I cant remember the relevant section of the CCA but will add it.

 

Anyway my agreement is signed by me on the 7th but not by the dealer. I get taken to court and I notice that the agreement supplied by the solicitors is unreadable in parts (i.e. not easily legible in parts) and is signed by the finance company on the 19th.

 

I thought by reading section 61 that its either be signed by the finance company and posted to me to sign.

Or

I sign it. Its then signed by finance company within 7 days and then sent to me within a further 7 days.

 

I didn't ever receive a copy from finance company and only got an awful photocopy with a signature dated the 19th (13 days after mine) when i got it as part of the claim.

 

I've read S61 and S58 which is referred to in S61 and for the life of me I cant work out if the agreement was executed or by reason of S61 isn't. From what I've read I honestly don't think it is.

 

 

Here is the relevant section/s

 

61.-

(1) A regulated agreement is not properly executed unless-

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms, and © the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

 

(2) In addition, where the agreement is one to which section 58(1) applies, it is not properly executed unless-

 

(a) the requirements of section 58(1) were complied with, and

(b) the unexecuted agreement was sent, for his signature, to the debtor or hirer by post not less than seven days after a copy of it was given to him under section 58(1), and

© during the consideration period, the creditor or owner refrained from approaching the debtor or hirer (whether in person, by telephone or letter, or in any other way) except in response to a specific request made by the debtor or hirer after the beginning of the consideration period, and

(d) no notice of withdrawal by the debtor or hirer was received by the creditor or owner before the sending of the unexecuted agreement.

 

(3) In subsection (2)©, " the consideration period " means the period beginning with the giving of the copy under section 58(1) and ending-

 

(a) at the expiry of seven days after the day on which the unexecuted agreement is sent, for his signature, to the debtor or hirer, or

(b) on its return by the debtor or hirer after signature by him, whichever first occurs.

 

(4) Where the debtor or hirer is a partnership or an unincorporated body of persons, subsection (1)(a) shall apply with the substitution for " by the debtor or hirer " of " by or on behalf of the debtor or hirer ".

 

62.-

(1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, but on the occasion when he signs it the document does not become an executed agreement, a copy of it, and of any other document referred to in it, must be there and then delivered to him.

 

(2) If the unexecuted agreement is sent to the debtor or hirer for his signature, a copy of it, and of any other document referred to in it, must be sent to him at the same time.

 

(3) A regulated agreement is not properly executed if the requirements of this section are not observed.

 

63.-

(1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, and on the occasion when he signs it the document becomes an executed agreement, a copy of the executed agreement, and of any other document referred to in it, must be there and then delivered to him.

 

(2) A copy of the executed agreement, and of any other document referred to in it, must be given to the debtor or hirer within the seven days following the making of the agreement unless-

(a) subsection (1) applies, or

(b) the unexecuted agreement was sent to the debtor or hirer for his signature and, on the occasion of his signing it, the document became an executed agreement.

 

(3) In the case of a cancellable agreement, a copy under subsection (2) must be sent by post.

 

(4) In the case of a credit-token agreement, a copy under subsection (2) need not be given within the seven days following the making of the agreement if it is given before or at the time when the credit-token is given to the debtor.

 

(5) A regulated agreement is not properly executed if the requirements of this section are not observed.

 

Any ideas?

Edited by thewar_man
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